Electoral reform group Bersih said thorough recommendations had been drawn up previously on how the separation of powers could be done. “The only action left is to implement it,” it said in a statement.
The group said the attorney-general is a political appointee with a dual role as the government’s legal adviser and as the public prosecutor with power to initiate or drop criminal charges.
“This power can be abused or weaponised for political reasons,” the group said.
Until the separation is done, the Attorney-General’s Chambers must refrain from withdrawing charges in high-profile cases, it added, following the decision by the prosecution in the Ahmad Zahid Hamidi corruption trial to apply for a discharge on all 47 charges.
The application, made after representations to the AGC by Zahid’s lawyers, was granted by High Court judge Collin Lawrence Sequerah.
Bersih said the prosecution’s application, at this stage of Zahid’s trial, strongly reinforced the urgency of the need to separate the two institutions.
Further delay to reform the AGC may greatly damage the credibility of Anwar’s unity government, which Bersih described as being “now associated with this terrible precedent for politically connected trials”.
Bersih said the prosecution’s decision was unacceptable as a prima facie case had been established and Zahid called to present his defence against 47 charges of corruption, criminal breach of trust, and money laundering.
Bersih demanded a public explanation from the prosecution.
The group urged the AGC to reveal any new charges, or new directions of investigation being studied. “If there is no plan for new charges, then this might amount to providing an escape route for Zahid to apply for acquittal within months,” Bersih said.
Separate powers quickly, says Abim
The Malaysian Islamic Youth Movement (Abim) has called for the separation of powers at the Attorney-General’s Chambers to be carried out quickly.
Abim president Faisal Abdul Aziz said: “This is needed to prevent any shadow of a doubt about the decisions that the prosecution makes.”
He also said the AGC must explain to the public why it took the decision to discharge Zahid so as to avoid any misunderstanding and stop any speculation that has the potential to affect the public’s perception of the country’s justice system.